Delaware bail guidelines have been provided to help Justice of the Peace Courts impose bail fairly and consistently. Although judges must still use a fair amount of discretion and look at all of the circumstances in setting bail, that discretion is restrained by both statutory and constitutional limitations. The Delaware bail guidelines policy is used to help judges make logical and appropriate decisions when imposing bail. Delaware essentially has four types of bail; “OR” or release on own recognizance, unsecured bail, secured bail and cash bail. Delaware allows someone released on their own recognizance to not post any money for […]
Delaware Criminal Law has historically been an area of contradiction when it comes to its politics and how it treats criminal offenders. Delaware has traditionally been a State dominated by the Democratic Party, which typically aligns itself with rehabilitating criminal behavior and attempts to keep incarceration rates low. The effect of politics on Delaware criminal law however, has seemed to be the opposite of what one would expect from a blue state. Delaware has often been home to draconian laws which limits the authority of judges and puts shackles on an offender who desires to build a productive life after […]
The Supreme Court is Chipping Away at the Search Warrant Requirement The Supreme Court held on February 24, 2015, that Police can search a home without a warrant even when one of the occupants objects. The issue for the Court happened because the police searched the home of a man in Los Angeles after he expressly told them they couldn’t. The Police arrived at the home of Walter Fernandez, after following him from the scene of a robbery. Upon their arrival, he informed them they were not permitted to come in. Fernandez was then arrested and the Police returned an […]
Transfers and Appeals from Alderman Court to Court of Common Pleas A dollar makes a big difference in the Alderman Court depending on whether one wants to transfer a criminal case to the Court of Common Pleas before trial or appeal a conviction after trial. The difference of one dollar has been a source of confusion for lawyers, defendants and even the Alderman Court themselves. The confusion comes when a defendant charged with a town offense in Rehoboth Beach, Dewey Beach or Bethany Beach wants to transfer a case from the Alderman Court to the Sussex County Court of Common […]
Warrantless Searches of Cell Phones In June of 2014, The United States Supreme Court announced that the police may not perform warrantless searches of cell phones without a warrant. Riley v. California; U.S. v. Wurie, 573 U.S ___, 2014. The Court’s holding is a victory for privacy rights and Constitutional traditionalists. Specifically, the Court stated that “the police may not, without a warrant search digital information on a cell phone seized from an individual who has been arrested.” Although it certainly seems that there is nothing private anymore, the Supreme Court recognized that there are still privacy interests that should […]
Juvenile Sex Offender Registration in Delaware Juvenile Sex Offender registration is a topic that has been highly debated. In most circles juvenile sex offender registration is a controversial topic which pits the benefits of community and victim protection against the severe consequences juvenile sex offender registration has on the future opportunities of a registered child. 11 Del.C. Section 4123 outlines the juvenile sex offender registration requirements. Unfortunately, even minor sex offenses that may have in previous generations been viewed as childhood curiosity, can result in sex offender registration. In addition, because of Delaware’s mandatory reporting laws, any parent who has […]
Delaware State Police are searching for a Lincoln man, 42, who they say cheated a woman out of more than $2,000. Booker T. Martin gave a 20-year-old woman a bad check in 2012 and asked her to give him a small part of the amount, said Cpl. Gary Fournier of the Delaware State Police.